Ghost Guns and Unregistered Firearms: How California is Cracking Down

California has enacted several laws aimed at regulating and restricting Ghost Guns and Unregistered Firearms:

1. AB 857 (2019): Required self-manufactured firearms to be serialized and registered with the California Department of Justice (DOJ).
2. AB 1621 (2022): Expanded the definition of ghost guns and placed additional restrictions on gun kits and 3D-printed firearms.
3. SB 1327 (2022): Introduced private lawsuits against individuals or companies producing, selling, or distributing ghost guns.
4. Federal Rule by ATF (2022): Required DIY gun kits to be regulated as firearms, enforcing background checks and serialization.

Violating these laws can result in criminal charges, including felony offenses. If you are charged with possession of firearm possession, consulting a criminal defense attorney is essential for protecting your rights.

Legal Penalties for Ghost Guns and Unregistered Firearms in California

The penalties for possessing Ghost Guns and Unregistered Firearms in California depend on the circumstances of the case but can include:

• Misdemeanor Charges – Up to one year in county jail and fines up to $1,000.
• Felony Charges – Up to three years in state prison and fines up to $10,000.
• Additional Enhancements – If the firearm was used in a crime, penalties could be significantly increased.

If you have been charged with possession of firearm possession, an experienced criminal defense attorney can assess whether your rights were violated and explore possible defenses.

Defending Against Ghost Gun and Unregistered Firearm Charges

If you are facing charges related to Ghost Guns and Unregistered Firearms, potential defenses may include:

1. Lack of Knowledge

To convict someone of possessing an illegal firearm, prosecutors must prove that the defendant knowingly possessed the weapon. If you were unaware that the firearm was unregistered or illegally assembled, this defense may apply.

2. Unlawful Search and Seizure

Under the Fourth Amendment, law enforcement officers must have probable cause or a valid warrant to search your property. If the firearm was discovered through an illegal search, your criminal defense attorney may file a motion to suppress the evidence.

3. Mistaken Identity

If law enforcement falsely accused you of possessing an illegal firearm, a strong defense can challenge the accuracy of witness testimony or forensic evidence.

Steps to Take If You Are Charged with Possession of a Ghost Gun or Unregistered Firearm

If you have been charged with possession of firearm possession due to an unregistered or ghost gun, follow these steps:

1. Remain Silent and Do Not Admit Guilt

• Anything you say can be used against you in court. Do not discuss your case with law enforcement without a lawyer present.

1. Hire a Criminal Defense Attorney Immediately

• A criminal defense attorney can help protect your rights and build a strong defense.

1. Gather Evidence and Documentation

• If you legally acquired the firearm, collect purchase receipts or any relevant paperwork that supports your case.

1. Challenge the Legality of the Search

• If law enforcement conducted an unlawful search, your attorney may be able to suppress evidence.

1. Understand Your Legal Options

• Your attorney will review your case and determine whether a plea deal, dismissal, or trial is the best course of action.

The Importance of Legal Representation in Firearm Possession Cases

Given California’s aggressive enforcement of Ghost Guns and Unregistered Firearms laws, facing firearm possession charges can have serious consequences. A skilled criminal defense attorney can:

• Evaluate the Evidence Against You – Identifying weaknesses in the prosecution’s case.
• File Motions to Suppress Illegally Obtained Evidence – Challenging law enforcement misconduct.
• Negotiate for Reduced Charges or Case Dismissal – Seeking alternatives to harsh penalties.
• Represent You in Court – Defending your rights and presenting the strongest possible case.

California has implemented strict laws against Ghost Guns and Unregistered Firearms, increasing penalties for those found in possession of illegal or homemade weapons. If you are facing charges, securing a skilled criminal defense attorney is essential for building a strong defense. Don’t navigate the legal system alone—take action today to protect your rights and your future.